Yuma, AZ – Whenever an accident happens and results in injuries, it is likely that the civil lawsuit brought against the person or business responsible will be a negligence case. This is because negligence actions are a versatile way for those who need compensation to show that another party was responsible for their injuries, and that they must cover the costs of their mistakes. Various types of compensation can be awarded, such as damages for pain and suffering and punitive damages meant to punish the defendant in addition to the specific economic costs. Here are three aspects of negligence cases that are important
The proper standard of care is relevant to the lawsuit
A person or entity is considered negligent when there is a deviation from the relevant standard of care. This is based on what a reasonable person in the same situation would have done. For example, in cases related to motor vehicle accidents, it is assumed that a reasonable driver would obey all relevant traffic laws, not drive recklessly and exercise care to avoid accidents. In most negligence cases, this means that a person named as a defendant can have various violations or rules and regulations presented to show that their behavior was negligent.
The defendant needs to be the actual cause of the accident
Negligence actions require a nexus of actual causation between the defendant’s actions and the plaintiff’s losses. This means that the plaintiff will need to sue the person who is actually at fault for the collision,and there may need to be an investigation to determine fault in cases where this is unclear. If this element of negligence is not met, the case will not be successful.
Showing damages is important for a plaintiff
The final element of negligence is actual losses sustained by the plaintiff, also called damages. These are usually proven by things like medical records of injuries, repair estimates, wage statements, and other documents that show financial harm. The victim is also allowed to ask for compensation for their pain and suffering. These kinds of damages are not as easy to prove, but a victim’s lawyer will usually show changes in a person’s quality of life that were caused by the defendant’s actions, along with things like physical and mental pain related to the incident.
More information about accident lawsuits in Arizona
Schneider and Onofry is a firm that handles accident cases in the area of Yuma and nearby parts of Arizona. Anyone who has additional questions can contact their attorneys to schedule a meeting.
USAttorneys.com is a service that works with people who need to find the right lawyer in their city. People who are searching for an attorney can call 800-672-3103 for assistance.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364